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Letter to the Editor: A Thanks for Voting Down Measure S

Dan McMullan, of the Disabled People Outside Project and "No on S" campaign writes in.

-By Dan McMullan

I remember N and O, the sitting law of 20 years back. The crowd was so big that we had to hold the Council meeting at the Berkeley High Auditorium. The lies they told then seemed slicker. Today they just say anything, any lie.

Even on the night after the Election Gina Cova was writing for the Daily Cal that Measure S was about "Sidewalk Encampments" not just the simple act of sitting. Sidewalks Encampments have been illegal for quite some time ( 647 (J) P.C.)  A penal code I know only too well. I love to have on my tombstone." Finally. I'm not violating 647 (J)."

But let's be real, I'm too poor for a decent burial.

Another write-up in Berkeleyside has Emile Raguso stating that  "Measure S is Berkeley’s second attempt to pass a law limiting where and when people can sit on sidewalks. (A1994 attempt, which included lying on the sidewalk as well, later was repealed by the City Council, after initial approval by voters. 

The ACLU challenged the law before it went into effect and, in 1997, “a newly elected Berkeley City Council voted to repeal the sit-and-lie ban.”)

Actually the courts in Oregon had ruled these laws unconstitutional and it looked like California was poised to follow suit so they wisely settled the ACLU complaint. And there have been more than two attempts. I feel like I've been fighting this crap for years...In my younger days getting it right mattered and playing fast and loose with the facts could lead to a short career in the news biz.

This year they had a Measure N and O too. It was about taking care of Berkeley's pools. It failed. It failed because where would Berkeley Politics be without Dirty Pool? And when it came to S, the Yes on S got as dirty as it gets. It's hard for me to imagine how Berkeley's business people keep falling for this same one trick pony. Instead of doing some real work, let's blame people sitting...again! What real work you ask? I can think of dozens of things to bring people back to Telegraph. People came to Telegraph for that fabled vibe. One of it's best parts being it's street music ians. Telegraph should hold a " Telegraph World Street Musician Competition."

Every year. We should close off the street between Dwight and Bancroft permanently. Let people walk around, check out the vendors.  Look at Haste and Telegraph. When Andy Ross attacked the poor. He started a trend that continues to burden Tele with some bad, bad Karma. These policies hurt people, even killed some. There's a price to pay for that.

Let us bring back the best of that old vibe and help those in need with some genuine good will and imagination.

A lot of people sitting around are poor people that have places to stay, but they cost so much, they have  no money left to do anything. Why not a program in cooperation with local business that gives these people credits for time they put in volunteering in Berkeley. These credits can be used to go to movies, get something to eat. Get items they need. ect. I would also like to develop something I call "E.T. (Errant Teenager) phone home." That puts kids on the streets in touch with their families. These are just a few things on my mind and they are not perfect or a cure all but they sure beat the lame scapegoating and negative impressions our business leaders have been killing us with. Try getting some new more positive and nice people to head the Telegraph BID and the D.B.A. 

People willing to do great things and stop moaning about how bad these places are. Who reading their whining, would ever want to buy what they are selling?? John Caner with a huge hilltop villa called "Tip Top" in Sonoma wants to begrudge some poor person a piece of sidewalk? And Roland Peterson has done pretty well for himself with Tax Payer money and Perks. For What? Then we come to Dr. Davida Coady (where's my St Michael medal?) and the whole Options scam. On election day Dr.Coady sent Options clients over to John Caner' s to pick up Yes on S literature to pass out at voting stations.

These are people that Dr.Coady holds the power to throw in Jail over. Options people are the very people that would get tickets if Measure S  passed but they are too terrified to say NO. Just as they are too terrified to say NO when she tells them they are needed to talk up Options at the City Council come money time and they were too terrified to say No when Dr.Coady (obviously fearing a loss in her power to JAIL) came out against Prop. 36. 

Prop 36 gave first time offenders the option to go to a real program rather than jail. Why would someone who runs a program be against a proposition that supports programs? Because the City Council and Dr.Coady's little "wink, wink" is that Options is mainly just a stick to run poor people out of Berkeley. And now today Options has no problem with sucking up all that Prop 36 money. When I think of sitting laws, I am reminded of Kevin Freeman. His crime? Being poor. Through the Options model he should of left town. But he didn't. 

So he needed some more jailing. Enough jailing to get his brains splattered all over a cell by a homicidal maniac. That got him off our sidewalks. I knew Kevin, a gentle, generous man. I'm still mad about, and sad about, what happened to him. That's why I want to thank you Berkeley Thank you for seeing through the B.S.

Thank you for doing the right thing in the privacy of the voting booth Councilman Jesse Arreguin said. "Berkeley's spirit is better than this law". And some said he was naive. But, no. He was right. 

And this was one of Berkeley's finest moments. Now let's get to some real work.

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nick mastick April 28, 2013 at 09:34 pm
Of all the concerns in our society, I put this just about dead last.
Steven Murphy April 17, 2013 at 02:25 am
Hmm. So I think you're telling me I need to add the countdown timers to the long list of BerkeleyRead More idiosyncrasies I need to ignore? I guess can do that. Thanks. --Murph
Alexander Sinclair Merenkov April 15, 2013 at 04:34 pm
This is very interesting. I bicycle and walk a lot around Berkeley. I think i know exactly whatRead More signal is being referred to the walk sign across Bancroft at MLK specifically will reset itself. many of the walk signals rely on induction loops which are loops placed in the ground that can detect Bicycles and Cars when the Bicycles or cars pass over them disrupting the current. You can often see these loops as they look like hexagonal saw cuts in the ground. Anyways the intersection detects traffic with these devices & if it doesn't detect anything then it assumes nothing is there and gives right of way to the major throughway in this case being MLK. So the reason the counter to cross Bancroft resets itself is totally logical because the intersection suspects no one is there and since that side of Bancroft is more or less residential there would be no point in setting that intersection to a timer where it gives priority to one light then the other & switches based on that & not on wether it detects any bicycles or cars passing over the induction loops. Also this is Berkeley and we are rather quirky and always have been so nobody exactly fallows the rules or knows about them its funny how simple crossing the street really is but its anything but simple in reality. Many people choose to jay walk if its safe to do so, this is typical on Shattuck at alston especially and makes sense for efficiency but isn't very safe or lawful. If the hand is flashing/Counting down dont cross!
Janet Scrivener April 6, 2013 at 11:15 pm
Actually, I just saw and spoke to him about an hour ago - the wire sculpture man. He'd moved downRead More Solano a few blocks, opposite Safeway. I asked him if the police had moved him off Colusa. He said he didn't want to talk about it. He wasn't in a very good mood. I told him that people had asked about him on a web local news site. He said, "People want to know how I'm doing? I need a car. I need somewhere to put my stuff in. To get off the streets. I don't want to sit around starving in public." I thought to myself, "Who do I think I am? A Girl Scout leader? Pollyana?" I realized my upbeat, cheery tone was really not what was needed just then. I said I couldn't help him with a car. "People want to know how I'm doing?" he said again. "Tell them that." I said, "I will." I turned to walk away, knowing only too well that the real needs that exist, yes, right here in our lovely, excellent neighborhood, are great and once you start giving you'll find it's difficult to get out of. He did say, "Thank you," as I left. He doesn't look like he's starving. But he's right about being out in public more than he would like to be. As a reasonable human being, I have to ask myself, what sort of person finds himself in that position? Ex con? Mental illness? Mind-blown Vet? Drugs? Alcohol? Incapacitated by an accident? An unforgivable act? Some combination of the above? Jesus did say, "The poor you shall have always with you." What would you do?
P. Park April 4, 2013 at 03:29 am
I agree Shattuck, especially right in front of the fire station is the scariest street around.
Mary April 3, 2013 at 06:45 pm
I am not disabled, but I am terrified of crossing streets nowadays because there are too manyRead More careless and aggressive drivers who act is if red lights, speed limits, and crosswalks either don't exist or don't apply to them. Shattuck in particular has become a nightmare to cross. Sometimes I have counted over 30 cars going by before one stops for the crosswalk. What we need is far more law enforcement - the tickets written would more than pay for the cost of hiring extra officers.